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NY 804952

December 15, 1994

CLA-2-29:S:N:N7:238 804952


TARIFF NO.: 2937.99.9050

Mark K. Neville, Jr., Esq.
International Trade Counsellors
51 Marion Road
Westport, CT 06880

RE: The tariff classification of Beta Interferon Acid Precipitate, imported in bulk form, from the Netherlands

Dear Mr. Neville:

In your letter dated December 7, 1994, on behalf of your client, Chiron Beta Corporation, you requested a tariff classification ruling.

This letter will be given confidential treatment based on the facts you supplied to support your claim for exemption from disclosure.

The subject product consists of the acid precipitate of recombinant human interferon beta-1b (IFN-B). According to the 7th edition of Principles of Anatomy and Physiology (Tortora & Grabowski), alpha and beta interferons are "cytokines", which are defined as small protein hormones that are needed for many normal cell functions. You indicate that this material will be used to manufacture Betaseron, which is therapeutically categorized in the Merck Index (11th Edition) as an antineoplastic and antiviral drug.

The applicable subheading for the subject product will be 2937.99.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Hormones, natural or reproduced by synthesis; derivatives thereof, used primarily as hormones; other steroids used primarily as hormones: Other: Other: Other: Other." The rate of duty will be 3.2 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire

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